Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:07-cv-00417-GMS

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Filed 12/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES A. MAYS, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )

Civ.Act.No. 07-417-GMS

MOTION FOR EXTENSION OF TIME Pursuant to Rule 6 of the Federal Rules of Civil Procedure, respondents move for an extension of time in which to file an answer to the petition. In support thereof, respondents state the following: 1. The petitioner, James A. Mays, has applied for federal habeas relief, alleging error

by the state courts. D.I. 2. The undersigned filed an answer to the petition on December 10, 2007. D.I. 15. 2. By the terms of the Court's order, the respondents are directed to attach to the

answer certified copies of the state court records material to the questions raised in the petitioner's case. 3. The Chief of the Appeals Division, who is responsible for retrieving certified state

court records from the Delaware Supreme Court, has requested the documents relevant to Mr. Mays'petition. The Clerk of the Supreme Court has indicated that the documents should be available on or before December 21, 2007. Furthermore, when counsel went to the Superior

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Court Prothonotary to collect the Superior Court documents relevant to Mr. Mays' petition, the undersigned was informed that no one was available to get Mr. Mays' documents out of storage. 4. Respondents submit that an extension of time to December 21, 2007 in which to

file certified copies of the material portions of the state court records in this case is reasonable. Respondents submit herewith a proposed order.

/s/Kevin M. Carroll Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected] Dated: December 10, 2007

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RULE 7.1.1 CERTIFICATION I hereby certify that I have neither sought nor obtained the consent of the petitioner, who is incarcerated and appearing pro se, to the subject matter of this motion.

/s/ Kevin M. Carroll Deputy Attorney General Counsel for Respondents

Date: December 10, 2007

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CERTIFICATE OF SERVICE I hereby certify that on December 10, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on December 10, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant: James A. Mays No. 295762 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/Kevin M. Carroll Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4836 [email protected] Date: December 10, 2007

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Case 1:07-cv-00417-GMS

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Filed 12/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES A. MAYS, Petitioner, v. ELIZABETH BURRIS, Acting Warden and JOSEPH R. BIDEN III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) ) ORDER This _____day of _________________________, 2007, WHEREAS, respondents having requested an extension of time in which to file certified state court records, and WHEREAS, it appearing to the Court that the requested extension is timely made and good cause has been shown for the extension, IT IS HEREBY ORDERED that respondents' answer shall be filed on or before December 21, 2007.

Civ.Act.No. 07-417-GMS

____________________________ United States District Judge

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